Consumers can assert rights under the Consumer Protection Act even after taking possession, regarding unmet service obligations and deficient amenities.

PER MR. RAJESH K. ARYA, PRESIDING MEMBER

Brief facts:-

By this order, we propose to dispose of the above captioned 5 consumer complaints under Section 47 (1)(a)(ii) read with Section 49 (2) of Consumer Protection Act 2019 alleging deficient & negligent services, unfair trade practice against the opposite parties besides terming the certain terms & conditions of the maintenance agreement to be illegal, null and void being one-sided and unfair contract. Since, the issues involved in these complaints, except minor variations, here and there, of law and facts are the same, therefore, we are of the opinion that the same can be disposed of, by passing a consolidated order.

In these complaints, the respective complainants, seeking directions to the opposite parties to provide Occupancy Certificate of building to the complainant(s); pay penal interest on the deposited amount till occupancy certificate is not obtained by the opposite parties; refund society maintenance charges, SMC, IFMC and Gas Pipe Line charges etc. in the absence of such Occupancy Certificate; provide open on surface parking besides claiming compensation etc. for mental agony and harassment and 50,000/- as cost of litigation.

2. However, the facts are being culled from Consumer Complaint No.92 of 2024 titled “Keshav Bansal Vs. CREDO Assets Pvt. Ltd. & Anr.” as follows:-

Brief facts : (CC/92/2024)

3. The complainant was allotted a residential flat bearing No.2262, 2nd Floor, Tower/Block in the project of the opposite parties i.e. City of Dreams-2 [COD2 14] situated in Sector 116, Landran Kharar Road, Kharar, District SAS Nagar, Mohali, vide allotment letter dated 31.12.2020, Annexure C-2, for a total consideration price of 37,42,234/-. An agreement for sale was executed on 31.12.2020 itself. Maintenance Agreement was also got executed on 31.12.2020 itself. As per Clause 7.1 of the said agreement, possession of the unit was to be delivered on or before July 2021 and as per Clause 7.2, such possession as to be offered upon obtaining the occupancy certificate from the competent authority by the opposite parties. The complainant paid an amount of 39,80,963/- to the opposite parties including stamp duty, registration fee charges and society maintenance charges, which they duly acknowledged. After offer of possession, the Sale Deed qua the flat in question, was got registered on 25.05.2022, Annexure C-4).

4. However, the details with regard to case No., Flat No./Floor No./Tower No., Area of flat(s), Total Sale Consideration, Date of Agreement for Sale, Date of Maintenance Agreement, Date of Possession Letter, Date of execution of Sale Deed, involved in these bunch of cases, are tabulated here-in-below:-

5. It has been stated that since the opposite parties are not in possession of any Occupancy Certificate/completion certificate, therefore, such a physical possession is illegal and invalid. It has further been stated that the opposite parties even cann